David M. McMillan

Associate

New York
T 212.847.2838  |  F 212.589.4201
David McMillan is an Associate in the firm’s litigation group whose practice centers on class action defense, securities litigation, bankruptcy and other types of general commercial litigation. David has worked extensively on a number of high profile fraud cases involving the financial industry, including representation of the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC. As part of the SIPA Trustee’s team advancing the global effort to trace and recover assets for Madoff’s defrauded customers with allowed claims, David has deconstructed BLMIS’s books and records, initiated multimillion-dollar lawsuits against financial institutions, funds and other sophisticated investors in the United States and abroad, and litigated a range of issues in securities and bankruptcy law. David also defends clients in significant securities-related government investigations and securities fraud class actions, including a high-profile matter arising from derivatives trading losses at a major international bank. David has spoken on a number of panels discussing cutting edge issues in class action law, and writes frequently on current trends in class action and securities litigation. David considers himself a strategy-driven, creative litigator who aims to deliver cost-effective and meaningful solutions for his clients.  

Select Experience

  • A member of the legal team representing Irving H. Picard, SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, in connection with BakerHostetler’s role as court-appointed counsel which is responsible for investigating and initiating complex multimillion-dollar lawsuits against individuals and financial entities around the world, pursuing foreign and domestic discovery, participating in dispositive motion practice, and providing thought leadership on an array of substantive securities and bankruptcy-related issues.
  • Currently representing former London-based JPM managing director whose cooperation was sought in the investigation related to a multibillion-dollar trading loss for the bank. Helped secure rare non-prosecution agreement with the Justice Department and agreements with other regulatory authorities by providing valuable factual analyses and assessments regarding securities derivatives trading in JPM's Chief Investment Office.
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Experience

  • A member of the legal team representing Irving H. Picard, SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, in connection with BakerHostetler’s role as court-appointed counsel which is responsible for investigating and initiating complex multi-million dollar lawsuits against individuals and financial entities around the world, pursuing foreign and domestic discovery, participating in dispositive motion practice, and providing thought leadership on an array of substantive securities and bankruptcy-related issues.
  • Currently representing former London-based JPM managing director whose cooperation was sought in the investigation related to a multibillion-dollar trading loss for the bank. Helped secure rare non-prosecution agreement with the Justice Department and agreements with other regulatory authorities by providing valuable factual analyses and assessments regarding securities derivatives trading in JPM's Chief Investment Office.
  • Defended medical director of major pharmaceutical company in multimillion-dollar securities fraud class action, in which dismissal was obtained via summary judgment following Supreme Court’s decision in Halliburton.
  • Represent nonprofit organization dedicated to the economic empowerment of African American communities in amicus brief before the United States Supreme Court in Campbell-Ewald Co. v. Gomez, a case with key implications for the ability of companies to defeat class actions using offers of judgment under Rule 68 of the Federal Rules of Civil Procedure.

Recognitions

  • Legal Aid Society: Pro Bono Publico Award (2014)

Memberships

  • American Bar Association: Litigation Section
  • New York State Bar Association
  • Massachusetts Bar Association

News

Pro Bono

  • Represent indigent death-sentenced inmate in state and federal habeas corpus proceedings in Georgia.

Services

Prior Positions

  • New York City Teaching Fellows: Mathematics Teacher

Admissions

  • New York, 2010
  • Massachusetts, 2010

Education

  • J.D., Fordham University School of Law, 2009, cum laude
  • M.S., Pace University, 2006
  • B.A., Cornell University, 2004, with distinction

Blog

In The Blogs

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Class Action Lawsuit Defense
District Court Follows Supreme Court’s Lead in Halliburton, Allows Class Action to Proceed with Narrowed Factual Scope
By David M. McMillan
July 31, 2015
Applying the Supreme Court’s landmark decision in Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014) (“Halliburton II”), which allowed companies facing securities fraud class actions to defeat certification by presenting...
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Class Action Lawsuit Defense
Court Takes Cue from Comcast v. Behrend, Certifies Class as to Liability but not Damages
By David M. McMillan
October 9, 2014
Fort Worth Employees’ Retirement Fund v. J.P. Morgan Chase & Co. In what appears to be an increasingly common practice since the Supreme Court decided Comcast Corp. v. Behrend, 133 S.Ct. 1426 (2013), the Southern District of New York...
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Class Action Lawsuit Defense
First Circuit Sides with Pharmaceutical Manufacturer in Dismissing Shareholder Class Action
By David M. McMillan
June 13, 2014
First Circuit Sides with Pharmaceutical Manufacturer in Dismissing Shareholder Class Action In a huge victory for Massachusetts-based biologics manufacturer Genzyme Corporation, the First Circuit Court of Appeals on June 5, 2014 affirmed...
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Class Action Lawsuit Defense
Wall Street Banks, Stock Exchanges and High Frequency Trading Firms Hit With Securities Fraud Class Action
By David M. McMillan
May 12, 2014
Last month, the City of Providence, Rhode Island filed a first-of-its-kind class action against Wall Street banks, securities exchanges and brokerage firms over alleged violations of federal securities laws stemming from the defendants’...
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IP Intelligence: Insight on Intellectual Property
Publish or Perish: Sony Releases Compilation of 50-Year-Old Bob Dylan Bootlegs to Comply with EU Directive
By Dennis O. Cohen, David M. McMillan
February 10, 2013
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